Can Your Employer Give You a Bad Reference?

References from a previous employer are a key part of how an employer assesses your suitability for a role. It gives them an insight into who you are, your work ethic and your overall character. In fact, a good reference can significantly improve your chances of securing a role ahead of your competition. Not only does a reference showcase your skills and abilities, it’s an indicator that you will be able to perform the role well. However, a bad reference can have the opposite effect.

 

Can Employers Give a Bad Reference in the UK?

In the UK, an employer doesn’t have to give you a reference, unless they have agreed to do so in writing. If they do decide to share their feedback on how you were as an employee, they must provide accurate, fair and correct information. Employers in the UK are allowed to provide honest information about your time keeping, if you were fired and why, and if you acted inappropriately during your time working for them. But, they are not allowed to include unfair or misleading information in the reference. If an employer does include false statements as part of a reference, you might be able to take them to court for damages.

 

What Should You Do if You Get a Bad Reference?

  • Provide Other References - You might be able to soften the blow of a bad reference by providing other good and complimentary references. When you apply for a new role, try to direct your potential new employer towards positive references given by other people. A bad reference is likely to be viewed as being less important if your other references paint a more positive picture.
  • Know Where You Stand Legally - Though an employer can share insights into how you were as an employee, they have to be accurate and fair. If you don’t believe the reference to be fair, you should seek legal advice, as going to court for damages could be an option.
  • Explain the Reference to Your Potential New Employer - You should try to explain the bad reference to your potential new employer, and explain anything that you think is inaccurate. If the negative comments are accurate, explain to your new employer what led to each situation, and how you plan on addressing the issues going forward. 
  • Talk to the Person Behind the Bad Reference - Depending on your relationship with them, consider talking to the previous employer responsible for the bad reference. Ask them about the issues raised, and find out if there’s a chance of them changing the reference. Apologising for any problems or misconduct can make a big difference.

 

Getting a bad reference can be disappointing, but it doesn’t need to ruin your future job prospects. One bad reference won’t take away from good references, especially if you can showcase that you are a changed, improved and reliable employee.

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